PLEASE READ CAREFULLY

Terms of Service

By purchasing my services (art), you automatically agree to the following conditions. I will refuse your commission if you do not agree to these terms.

Disclaimer

This Terms of Service Agreement ("Agreement") is entered into between the Artist (Nerummi) and the Client for the commission of an artwork ("Work" & "Art"). By commissioning the Artist (Nerummi), the Client agrees to the following terms:

  • NFT (Non Fungible Token) usage is strictly forbidden.
  • AI learning related usage is strictly forbidden.
  • I do NOT accept any fetish, loli, shota, etc. commissions.
  • Do NOT trace/edit my work without my permission.
  • If you are uncomfortable with the T.O.S and/or unwilling to agree to the conditions, you may not request a commission.

User Agreement

  • By placing an order, you acknowledge and agree to these terms. You are responsible for reviewing my Terms of Service (TOS) and understanding my commission pricing before proceeding.
  • By accepting the terms, you acknowledge and accept the policy that the artwork may be used solely for personal, non-profit purposes unless otherwise stated, and you commit to providing full image credit to me.
  • Violation will lead to an indefinite and unwarned blacklist.

General

  • The Client has to provide clear and complete requirements and expectations upfront, in the form of a reference or assets before Work begins.
  • The Client grants the Artist (Nerummi) non-exclusive rights to observe and replicate the Client's character design, reference material and other intellectual property for the use of the Work.
  • The Client warrants that the character design, reference material and other intellectual property provided to the Artist (Nerummi) are legally obtained and authorized for use by the Client.
  • The Client warrants that they have the authority to enter this agreement, by the point of contact and is solely responsible for decisions and approval during the process.
  • The Client can request their project to be under time-limited NDA, at a discussed cost.
  • By purchasing a commission you only purchase my services as an artist.
  • The Artist (Nerummi) reserves the right to post the finished artwork in their gallery, portfolio or social media at any time, unless a fee of an additional 50–100% is paid upfront.
  • The Artist (Nerummi) reserves the right to decline any project or client for any reason.
  • The Artist (Nerummi) warrants that they will not copy or heavily reference unauthorized materials.
  • The Artist (Nerummi) strives to perform to the best of their ability, in good faith and warrants that the Work is 100% original according to the Artist's (Nerummi) best knowledge.
  • The Artist (Nerummi) defines the scope of work, features, price, deliverables and other details for the project in a proposal. The format is chosen according to the Artist's discretion. The details set forth by the Artist must be agreed upon by the Client before work begins.

Intellectual Property, Usage & Credit

  • The Artist (Nerummi) has absolute rights to the artwork.
  • The Client must credit the Artist (Nerummi) as the Artist, or link the respective social media accounts any time the Art is showcased.
  • The artwork may not be uploaded to galleries intended solely for displaying your own work.
  • You may not claim the Artist's (Nerummi) work as your own.
  • All works cannot be used for AI, NFT or any kind of crypto currency purposes.
  • Commercial use of products requires prior notification.
  • Clients who commissioned artwork before these terms took effect remain bound by them.
  • The inclusion of signatures or watermarks indicating the Artist's (Nerummi) ownership is required.
  • As the creator of the artwork, the Artist (Nerummi) retains copyright, ownership, redistribution and intellectual property rights of the commission, unless discussed.
  • Modification, editing, or tracing of the artwork is not permitted without the Artist's (Nerummi) authorization.
  • The artwork may not be used as a base for other creations, unless discussed.
  • The Client is not permitted to buy art from the Artist (Nerummi) and sell the Work for a higher price, unless discussed with the Artist (Nerummi). This applies to ALL services. If the Work was sold for a greater amount than the original commission price, the Artist (Nerummi) shall receive the amount charged on top.
  • Art/Work commissioned by the Client is for the use of choice of the Client. If you didn't commission the artwork or it has not been gifted to you, you do not have the right to use it.

Commercial Rights & Personal Usage

  • You may use the artwork for personal purposes, including avatars, wallpapers, and profile displays.
  • The usage of the artwork must be agreed upon before the commission scope is discussed.
  • You may create physical reproductions of the artwork for personal use only (e.g., prints), but not for resale, unless otherwise stated.
  • The Client may order a commission for commercial use. The total price of the commission, including any necessary royalties, must be disclosed upfront.
  • The Commercial License will require a +100% fee of the original price. The Artist (Nerummi) may charge more at their discretion.
  • The following cases are considered commercial use: reproduction and reselling of the artwork in any way, and posting the artwork on sites like Patreon.
  • Clients can purchase the commercial rights at any time, if they wish to do so.
  • Commissions with commercial rights will be prioritized over commissions with personal rights.
  • If a client buys the full rights to the artwork, the client is not allowed to claim the Work as their own.

Usage Tiers

Personal Use No applied costs Profile picture, banner, or social media use, with proper credit.
Design Use No applied costs Use the artwork to make commissions or other assets.
Digital Use 1.5x the price Use for promotional material and advertisement.
Merchandise Use 15% royalty per item sold Digital & physical merchandise. Royalties sent monthly based on that month's total sales.

Payment

  • All prices are in EURO/€.
  • 100% of the commission fee must be paid upfront, for the Artist (Nerummi) to start their work.
  • The payment will follow VGen payment procedures, unless discussed.
  • The Client may pay through Throne, by purchasing an item for the Artist (Nerummi). This form of payment must be discussed upfront. If an item is bought without proper communication, it will be considered a gift. The item cost, taxes, shipping & any other costs applied must be carried by the Client.

Refunds

  • There will be no refunds. However, the Artist reserves the right to refund the full amount paid, if they no longer wish to work on the project for any reason.

Communication

  • Communication will commence through VGen, Discord and Business E-Mail.
  • Both artist and client should actively communicate and eliminate information errors between each other in good faith. If there is a deadline extension due to a lack of timely communication, both parties should remain calm and continue to communicate.

Commission Progress

  • The Artist (Nerummi) will finish the work within 1 month (or shorter), or up to a 7 month deadline. The deadline may change depending on the complexity of the commission.
  • The Artist (Nerummi) follows a waitlist and will start every commission respectively.
  • The Artist (Nerummi) will give updates on the progress of the work, please do not bother the artist for updates.
  • If a commission is to finish in less than 1 month, a rush fee may apply, depending on the detail and urgency of the commission.
  • There are no extra charges for a specific deadline, if it is expected to finish within a 1 month minimum.
  • Rush fees may apply for a commission to be done within a month (price may vary depending on the complexity of the artwork).
  • The deadline is subject to change if the Artist's (Nerummi) situation (emergencies, etc.) requires so.
  • Final work will not be delivered until full payment is made.

If you are uncomfortable with the T.O.S and/or unwilling to agree to the conditions, you may not request a commission.
Thank you for reading and respecting my work.